MEMORANDUM OF LAW SUPPORT OF

REQUEST FOR HEARING BY ADMINISTRATIVE LAW JUDGE

Now Comes Christopher A. Walters Appellant Pro Se to file appeal for review by Administrative Law Judge  from a reconsideration apparently  made in California on 8-21-1998 for SSI Disabilities benefits in Claim 261-90-6357 . Chris Walters is a resident of 415 Washington Street, Kerrville, Texas  78028 as suggested by Exhibit A.  The issues and questions of law  regarding due process and equal protection guarantees made under both the 14th and 5th Amendments of Constitution being set forth as follows:

Question of Warrant of Arrest for SSI Employees:  Mike Ballard of Texas and Bernadette Farris of Kerrville, TX moved the claim to Stockton, CA  as Mike Ballard explained (paraphrased): “to make sure it is so far away you cannot appear for hearings and the claim will be dismissed with prejudice”. Exhibit A plainly shows Chris Walters to be a resident of 415 Washington Street, Kerrville, Texas  78028.

Destruction of Evidence or Tampering With Case File:  “Since no additional evidence was submitted, the reports listed on our previous notice were used to decide you case”.  The reconsideration makes no mention of the 2 disability statements and 10 doctor who evaluated Chris Walters medical condition whose statements and actions are appended.  Apparently officials in Texas threw the evidence away to prevent J Florez Disability Evaluation analyst II (916-263-5319) from making a proper or informed determination.

Florida Application for $5 Million Fine April/May 1997: My name is Hoyet Frier a welfare worker for Florida Children and Family Services in Tallahassee, Fl who processed a food stamp application for the Plaintiff in April, 1997.   I explained to USDA Investigator Mr. Kennedy later that I instructed the Plaintiff if he wanted to get something to eat to " slap a Police officer".   Although Florida could provide no medical work to the Plaintiff he walked 1200 miles to Tyler, Texas for surgery for removal of turmors.

HHS Civil Rights Complaint May/June 1997: My name is Shunda Williams of Birmingham Homeless Health Care Center and over there is Dr. Harris and Dr. Johnson of Cooper Green Hospital. We made arrangements with a local shelter for Chris to have a place to stay so the Dr. could operate on his melanoma. When the shelter reniged on the agreement we got upset and called homeless shelters all over a 3 state area asking Chris a cancer patient be denied medical attention: until we got contacted by HHS Civil Rights Office in Atlanta, GA.   It seems attempted murder is a crime if it involves misuse of federally funded programs.

Dr. Told to Drop Dead May, 1997: My name is Dr. Foster at Good Sheppard Medical Center here in Longview, TX and I have asked the shelter to give Chris 1 night extra lodging so he can get surgery by a local surgeon. The local shelter told me to drop dead and would rather pay Chris another $600.00 a month for being disabled. Did a federally funded shelter in Longview, Texas operated under Title 42 USC 11301 Homeless Act deny Chris Walters the due process and equal protection of the law in denying him shelter to comply with reasonable request of physician of record?

Denial of Medical Attention: May, June 1997: My name is Rusty Maynard(?) a convicted felon operating the Salvation Army Shelter here in Tyler, Texas and allowed Chris to remain for a week for surgery. When Chris tried to see Dr. Fleisher a qualified GI specialist for evaluation of his disability I explained to Chris he could not continue to stay here unless we got compensated. We are going to pay Chris another $600.00 for disability because I explained to Chris folks who don't work aren't entitled to medical treatment at the expense of Smith County or medicare. Did a homeless shelter operated under color of Title 42 USC 11301 Homeless Act and USDA Commodities program violate Chris Walters rights to access to due process and equal protection of law and access to USDA commodities program in violation of due process and equal protection clauses of 14th and 5th Amendments and Americans With Disabilities Act?

Denial of Access Federally Funded Facility July, 1997: My name is David the manager of the federally funded shelter at Community Action Agency here in Meridian, MS and I was asked to be sure Chris stays here over weekend to see SSI Attorney Katherine Blackwell on Monday. On Friday afternoon I explain to Chris who is on prescription medicine to cause bowel movements that he cannot use our 1 bathroom until Monday. We are going to pay Chris $600.00 in SSI benefits because the shelter is operated by and hires morons. Did federally funded shelter operated by Community Action Program under Title 42 USC 11301 Homeless Act deny Chris Walters access to facilities in violation of due process and equal protection of 5th Amendment and violate other rights guaranteed under Americans With Disabilities Act?

Refusal Move SSI Claim July, 1997: My name is Rashid the SSI claims employee processing Chris SSI claim here in Tallahassee, Fla. I was notified by Chris and his attorney he no longer lives in Florida and have recieved a USDC Notice that he is on leave of medical absence and not in Florida. We are processing his case here anyway to make sure he can't get a fair shake and attend hearings.... We are going to pay $600.00 more per month for each month this fraud is in process as Chris suggested in USDC to David Miller SSI Inspector General. Has SSI Inspector General or is SSI Inspector General defending this SSI claim from damage from this violation of due process and equal protection of 5th Amendment?

Denial Housing for Disabled Aug, 1997: This is the other shelter in Tyler, Texas and we have advised Chris that only persons who agree to provide free labor on our construction site for 40 hours a week can stay to see Doctor Miller in a few days. Chris doctor Hilda Thompson has him on a disabling medication known as Librax. We are going to pay $600.00 more to Chris for August, 1997 for having maintained his disability. Do the parties agree that as a private non federally funded entity this organization does not come under US Jurisdiction?

Dr. Who Sept.1997: The Plaintiff knows me as Dr #12639 who signed a disability statement 9/25/97 at University Health Systems in San Antonio, Texas. The Plaintiff does not know who I am because we have never actually met. Like many other reports in the Plaintiff’s files they are Signed by physicians who have never actually examined the Plaintiff. Down here at this teaching hospital we like to teach students the fundamentals of welfare fraud and lying early on.

Dr. Who Sept/Nov 1997: My name is Dr. Who or Dr. Bertam Smith III, at University Health Systems in San Antonio, TX; however as Chris explained to SSI Inspector General I am not really a doctor, nor an intern, but a med student. The XRay Technician who did his Xray explained if he photographed the "stricture" of his decending colon without the Dr. permission he would get in trouble. The XRay technician explained not to worry about the structure because he would put enough air pressure into Chris bowel to for anything to inflate. I questioned the treatment prescribed by Chris real doctors of records and other students and staff have signed medical documents who have not even seen Chris. Chris did have surgery for possible cancerous skin growths including 6 under his arms which were cauterized without pain killer. For reasons we can't understand Chris refused to appear at his dental appointment to have bad teeth pulled out. Guess we will have to pay $600.00 in disability benefits to Chris for these months unless we can come up with a better story. Do the parties agree to mitigate damage to Chris Walters rights under 5th and 14th Amendment by dumping or purging fraudulent entries made by the parties in question from SSI records?

We Can’t See You December, 1997: We are Traveler's Aid Society of Tucson, AZ and Chris was referred to us by Dr. Gay Evans of El Rio Clinic. Chris has a medical statement of disability from El Rio on letterhead of Arizona Department of Economic Security 12-1997 and is supposed to apply for state insurance, receive colonoscopy, and see a GastroEnterologist. El Rio is planning to try to resolve Chris medicine imbalance to prevent involuntary bowel movements. To resolve this issue we left Chris sitting for about 16 hours on 2 different days in our office without being interviewed by a counselor. If we can’t see the Plaintiff he does not exist. We decided to block Chris medical treatment because we want him to receive $600.00 for SSI for December, 1997. Do any of the prosecutorial authorities wish to contact or explain to Traveler's Aid Society that under Americans With Disabilites Act they cannot simply ignore request for service from disabled persons requesting service?

Disability Statements Fall In Trash Janurary-March 1998: My name is Janet Short a welfare worker here in Butte County California where Chris has applied for food stamps and welfare in middle of Janurary, 1998. I threw away Chris disability statements made by Arizona DES and doctors and refused to grant his benefits until he complained to HHS Civil Rights Office in San Francisco. As we explained to Chris we have funds to give to homeless persons needing money for their addiction, bums, and convicted felons; but not to disabled persons. When shelter closed in March 1,1998 we were only to happy to close his benefits claims statewide so he can recieve $1,800.00 in SSI disabilities benefits for this period. Do any of the prosecuting authorities wish to audit Butte County to determine what precentage of claims filed under Title 7 USC 2011 food stamps involve case workers throwing away documents from clients?

No Insurance No Medical Statemtns March, 1998: Hi we are the Welfare Office here in Stockton, Ca and about March 4th, 1998 we explained to Chris all his medical benefits statewide were canceled instead of moved and it will be month before he can be reprocessed. Chris went on to Sacrament on Administrative Leave of Absence and the shelter explained they are full and he cannot get services at this time. Chris moved his SSI claim to Stockton, CA and we suggest the Administrative Law Judge pull out his check book. Can the parties involved work with California State authorities as an issue of administrative law to ask Medi-Cal benefits for disabled persons be moved from county to county instead of closed?

No Housing no Case March,1998: Hi my name is Oregon HRSIII Worker Cynthia Shepard at Roseburg, Oregon where Chris applied for food stamps, medical, and GA in mid March, 1998. Chris was given a referral from Dr. McCart an ER Physician to GI specialist, colonoscopy, and medication Librax. After we approved Chris for medical and food stamps and he wanted to finally get to the Doctor you can imagine his surprise to learn there is no long term emergency shelter for disabled persons here in Oregon. No shelter, no stay, no evaluation, no benefits, no problem. We even had our Salem Headquarter call all over Oregon and confirm we have no long term shelter for disabled persons requiring extended stay and treatment. Surprise, surprise, surprise; ask the Administrative Law Judge to endorse Chris SSI disability benefits to March, 1998. As of April, 1998 Oregon appears to be actively engaged in attempts to secure temporary housing for Chris Walters to complete his medical work.

Washington State blocks medical treatment April, 1998: Hi my name is Social Worker II James Briganti of DSHS Community Service Office in Olympia, WA. Chris appeared here about April, 1998 and applied for benefits for food stamps, GA, and medical and provided us with extensive documentation about his medical condition and disabilities and a copy of his request to close his welfare claim in Oregon State.   Medical treatment for evaluation by GI specialist was prescribed by Dr. Taylor in Olympia, WA and  Cowlitz Family Health Center 4-7-1998.  Surprise, surprise, surprise: we explained to Chris it will take up to 45 days to evaluate his claim for benefits and we can't authorize medical treatment or filling his prescriptions for cedar fever, hayfever, or pollen which are blooming very nicely here in Olympia. Various other authorities explain it may take up to 4-5 months to evaluate a disabled person for medical treatment here in Washington State.

Oregon Application for $20 Million Fine ADA based complaint: When the Plaintiff returned to Oregon; Oregon Department of Human Resources represenatives set up a medical evaluation and a special written request for housing at Corvallis, Oregon. The federally funded provider/ shelter told us to drop dead and Canceled the Plaintiff Dr. appointment twice prior to asking him to leave the State of Oregon.

Travis County cancels medical treatment: Would it come as any great surprise to anyone to learn that June, 1998 the indigent health care in Austin, Texas called Dr. Bieberdoft  and canceled Chris Walters medical insurance while he was in Dr. Office.

CITATION OF USDC RULINGS

Walters v. Mccoll USDC NDF and Walters v. David Miller Inspector General of Social Security Administration USDC, Western District of Texas asked technical questions on issues which have a bearing on  the case:

Judge Stafford of NDF nor the US Attorney expressed any problem with Chris Walters being asked to "slap a police officer upside of the head to get something to eat" or working at the Cafe De Lorenzo as certified carrier of Hepatitis C.  Judge Fred Biery nor US Attorney nor Inspector General David Miller expressed no problems with the many and numerous frauds, hoaxes, and shams which prevade the Social Security Hearings.

Question of Homeless Travel Agency:

Plaintiff’s enclosed brief questions federally funded homeless programs in Title 42 USC 11301 Homeless Act being used as a travel agency to run clients out of town.  Issues relating to operation of homeless shelters are exclusive jurisdiction of US Department of HUD and InterAgency Council on Homeless.

Plaintiff Not Permitted To Work:

You can imagine the surprise of the Plaintiff to learn he has an extensive "criminal history" and conviction for burgulary stemming from arrest in Dallas, TX in 1993 on the NCIC being he has never been tried in any court of law anywhere. The Plaintiff filed Walters v. Louis Freeh in USDC, Nevada 96-897 HRM to ask if error had occurred on NCIC.  The Shelter at Modesto, CA duly stole the USDC Order issues in this case with the apparent approval of Judge Garland Burrell. The challenge to seizing the federal court Order in Walters v. Deatherage and Austin USDC Misc 307 GEB 1996 was denied by Judge Garland Burrell:

The United States Supreme Court has set precedents to prevent such abuse of the NCIC and provide to jusidical review: Tarlton V. Saxbe (1994 165 App DC 293, 507 F2d 116. (DC Dist Col) 40720 F Supp 1083).21 2. .Jurisdiction over rights to due process can also be found in constitutional Laws 318 56,257, and 992. As the Constitution Guaranteed.

The Court also rules in McKnight v Webster (1980, Ed PA 499 F Supp 420):2

The Courts ruled in Menard v. Mitchell (1971, DC Dist (24 Col) 328 F Supp 718, remanded on other grounds 162 App DC 284, 498 F2d 10176 ,28 ARL Fed 248...( superseded by statute on other grounds as stated in Utz v. Culliname, 172 App DC 67, 520 F2d 467)7

Respectfully Submitted
Chris Walters
C/o Mark Walters
415 Washington Street Kerrville, Texas 78028
(830-792-3279)